CHAPTER 564
H.P. 1261 - L.D. 1739
An Act To Clarify the Requirements of the Behavioral Treatment and Safety Device Review Teams for Persons with Mental Retardation or Autism
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §5605, sub-§13, ¶B, as amended by PL 2003, c. 368, §1, is further amended to read:
B. Treatment programs involving the use of noxious or painful stimuli or other aversive or severely intrusive techniques, as defined in de-partment rules, may be used only to correct behavior more harmful than the treatment program to the person with mental retardation or autism than is the treatment program and only:
(1) On the recommendation of a physician, psychiatrist or psychologist; and
(2) With For an adult 18 years of age or older, with the approval, following a case-by-case review, of a review team composed of an advocate of from the department Office of Advocacy; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.; and
(3) For a child under 18 years of age, with the approval, following a case-by-case review, of a review team composed of an advocate from the Office of Advocacy, a team leader of the department's children's services division and the children's services medical director or the director's designee. Until rules are adopted by the department to govern behavioral treatment reviews for children, the team may not approve techniques any more aversive or intrusive than are permitted in rules adopted by the Secretary of the United States Department of Health and Human Services regarding treatment of children and youth in nonmedical community-based facilities funded under the Medicaid program.
The department may adopt rules as necessary to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 34-B MRSA §5605, sub-§13, ¶C is enacted to read:
C. Notwithstanding paragraph B, for a child under 18 years of age, treatment programs involving the use of seclusion or any noxious or painful stimuli, as defined in department rules, may not be approved.
Sec. 3. 34-B MRSA §5605, sub-§14, ¶D-1, as amended by PL 2003, c. 368, §2, is repealed and the following enacted in its place:
D-1. A device whose effect is to reduce or inhibit a person's movement in any way but whose purpose is to maintain or ensure the safety of the person is not considered behavioral treatment. Such a device may be used only in conformity with applicable state and federal rules and regulations and only:
(1) When recommended by a qualified professional after approval of the person's service plan;
(2) For an adult 18 years of age or older, when use of the device is approved by a review team composed of an advocate from the Office of Advocacy, a representative of the Division of Mental Retardation and a representative of the Consumer Advisory Board; and
(3) For a child under 18 years of age, when use of the device is approved by a review team composed of an advocate from the Office of Advocacy, a team leader of the department's children's services division and the children's services medical director or the director's designee.
Effective July 30, 2004, unless otherwise indicated.
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